AILET (All India Law Entrance Test) Legal-Aptitude: Questions 183 - 185 of 254

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Question 183

Appeared in Year: 2019

Question

MCQ▾

Which of the following statements, are true regarding the jurisdiction of the High Court?

I. High Court can punish for its contempt.

II. High Court tender advice on the legal question referred to it by the Governor of the State.

III. High Court confirms the death sentences passed by lower judiciary.

IV. High Court can Issue writs for enforcement of Fundamental rights.

Choices

Choice (4)Response

a.

I, II, III

b.

I, II, IV

c.

I, IV

d.

I, III, IV

Question 184

Appeared in Year: 2019

Question

MCQ▾

Which of the following amendments are sought to be introduced in the Representation of the People Act through Amendment Bill, 2018?

I. Proxy voting

II. Gender neutral provisions

III. Allocation of seats

IV. Delimitation of constituencies

Choices

Choice (4)Response

a.

III, IV

b.

I, II

c.

II, III, IV

d.

I, II, IV

Question 185

Appeared in Year: 2019

Question

MCQ▾

Directions: Apply the legal principles to the facts given below and select the most appropriate answer.

Legal Principles:

(1) A contract comes into being from the acceptance of an offer. When the person to whom the offer is made signifies his assent thereto, the proposal is said to be accepted and the parties are at consensus ad idem regarding the terms of the agreement.

(2) Consideration is something that moves from the promisee to the promisor, at the Implied or express request of the latter, in return for his promise. The item that moves can be a right, interest, profit, loss, responsibility given or suffered, forbearance or a benefit which Is of some value in the eyes of law.

(3) Contractual rights and liabilities are exclusive to the parties to contract.

(4) There are few exceptions to the doctrine of privity of contract like agency, trust, assignment and third-party beneficiary.

5. A quasi contract is a contract that is created by the court when no such official contract exists between the parties to prevent a party from being unjustly enriched, or from benefitting from the situation when he does not deserve to do so.

Facts: Nandini, by deed of gift, made over certain landed property to Reena, her daughter. By the terms of the deed, which was registered, it was stipulated that an annuity of ₹ 3,000 should be paid every year to the Subhashlni, sister of Nandini. Reena executed in Subhashini՚s favour an agreement promising to give effect to the stipulation. The annuity was, however, not paid and the Subhashini sued to recover It. Reena is defending herself by claiming that there is no valid contract with Subhashini. Which of the following can be ground/s for court՚s decision?

I. A promise is enforceable if there is some consideration for it and it is quite immaterial whether it moves from the promise or any other person.

II. Only a person who is a party to a contract may demand the execution of that contract from other party. But if there is third party beneficiary to contract then it is enforced to the extent of his⧵her benefit.

III. The agreement is valid as both Reena and Subhashini agreed to on the same thing in the same sense.

IV. There is no privity of contract as Subhashini has furnished no consideration. Reena had promised to Subhashini but consideration was furnished by Nandini.

Choices

Choice (4)Response

a.

I, II

b.

I only

c.

II only

d.

III, IV

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